After studying this more I no longer support the way the ICWA law is currently written...I support the ICWA's original intention but not the way it is being mis used.
If anyone has been following the Baby Veronica case then they should already have some understanding about the issue.
We need to spread word about why this law needs to be amended then after we get the word out to enough people....we can start petitions on Sept 1st 2013 to try and get the required 100,000 signatures that is required for the Obama administration to address the issue. Last time the petitions received 20,000 signatures.
We should also be aware that under the ORIGINAL Cherokee constitution people who are not married would be unable to use Cherokee rights aka the ICWA law.
Constitution of the Cherokee Nation
'September 6, 1839'
Sec. 5
The descendants of Cherokee men by free women, whose parents may have been living together as "MAN AND WIFE" according to the customs and laws of this Nation, shall be entitled to all the rights and privileges of this Nation.
Done in convention at Tahlequah, Cherokee Nation, this sixth day of September, 1839, George Lowrey, President of the National Convention.
Another thing we should be aware of is "ICWA sets federal requirements that apply to state child custody proceedings involving an Indian child who is a member of or eligible for membership in a federally recognized tribe." Keyword here is "ELIGIBLE".....since the Cherokee nation "Of Oklahoma" has no blood requirement....it means ANYONE (member or not) who has at least 1 ancestor on the flawed "Dawes" rolls can have their parental rights taken by the Cherokee nation "of Oklahoma". the child, both parents, all grand parents could have never ever been a enrolled member of the tribe or ever lived anywhere near the tribe could still be subject to this even if they never knew a thing about their ancestors. Your grandparents could of been born in Alaska...you and your parents lived whole life in Alaska....never heard of the Dawes rolls before....then you have a child and the Cherokee nation "of Oklahoma" could litterally step in and remove your parental rights and have your child brought to Oklahoma. This was NEVER the intention of the ICWA law yet people are misusing it for this purpose.
Now the Cherokee nation of Oklahoma is a "newly" formed tribe, it is only about 36 years old (formed in 1976 by Ross Swimmer). It is NOT the ORIGINAL Cherokee Nation. However they use a roll that was created in the late 1800's as their "ELIGIBLE FOR ENROLLMENT". What this means is your family and ancestors could have NEVER EVER been associated with this tribe yet this tribe can take your parental rights.
To get a better understanding about how dangerous this law can be....tribes themself get to decide their "ELIGIBLE FOR ENROLLMENT", As we know the Cherokee nation of Oklahoma has used that right when they took out Indian blood amount requirement. There is over 554 Federally recognized tribes in America, if just 1 of those tribes was to say...ok we are going to change our "ELIGIBLE FOR ENROLLMENT" so that any American citizen can join....then every American citizen could have their kids governed by that tribe under the ICWA's current status.
If anyone has been following the Baby Veronica case then they should already have some understanding about the issue.
We need to spread word about why this law needs to be amended then after we get the word out to enough people....we can start petitions on Sept 1st 2013 to try and get the required 100,000 signatures that is required for the Obama administration to address the issue. Last time the petitions received 20,000 signatures.
We should also be aware that under the ORIGINAL Cherokee constitution people who are not married would be unable to use Cherokee rights aka the ICWA law.
Constitution of the Cherokee Nation
'September 6, 1839'
Sec. 5
The descendants of Cherokee men by free women, whose parents may have been living together as "MAN AND WIFE" according to the customs and laws of this Nation, shall be entitled to all the rights and privileges of this Nation.
Done in convention at Tahlequah, Cherokee Nation, this sixth day of September, 1839, George Lowrey, President of the National Convention.
Another thing we should be aware of is "ICWA sets federal requirements that apply to state child custody proceedings involving an Indian child who is a member of or eligible for membership in a federally recognized tribe." Keyword here is "ELIGIBLE".....since the Cherokee nation "Of Oklahoma" has no blood requirement....it means ANYONE (member or not) who has at least 1 ancestor on the flawed "Dawes" rolls can have their parental rights taken by the Cherokee nation "of Oklahoma". the child, both parents, all grand parents could have never ever been a enrolled member of the tribe or ever lived anywhere near the tribe could still be subject to this even if they never knew a thing about their ancestors. Your grandparents could of been born in Alaska...you and your parents lived whole life in Alaska....never heard of the Dawes rolls before....then you have a child and the Cherokee nation "of Oklahoma" could litterally step in and remove your parental rights and have your child brought to Oklahoma. This was NEVER the intention of the ICWA law yet people are misusing it for this purpose.
Now the Cherokee nation of Oklahoma is a "newly" formed tribe, it is only about 36 years old (formed in 1976 by Ross Swimmer). It is NOT the ORIGINAL Cherokee Nation. However they use a roll that was created in the late 1800's as their "ELIGIBLE FOR ENROLLMENT". What this means is your family and ancestors could have NEVER EVER been associated with this tribe yet this tribe can take your parental rights.
To get a better understanding about how dangerous this law can be....tribes themself get to decide their "ELIGIBLE FOR ENROLLMENT", As we know the Cherokee nation of Oklahoma has used that right when they took out Indian blood amount requirement. There is over 554 Federally recognized tribes in America, if just 1 of those tribes was to say...ok we are going to change our "ELIGIBLE FOR ENROLLMENT" so that any American citizen can join....then every American citizen could have their kids governed by that tribe under the ICWA's current status.